IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 550

MOTION to Transfer Case [02-0828 (CKK)] by GUANTANAMO BAY DETAINEE LITIGATION (Attachments: # 1 Text of Proposed Order)(MacLean, Matthew)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 550

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) )

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Misc. No. 08-442 (TFH) Civil Action No. CV 02-0828 (CKK)

MOTION TO TRANSFER CASE Petitioners in Case No. 02-cv-0828 (CKK), by counsel, hereby move this Court to transfer their case back to Judge Colleen Kollar-Kotelly for a ruling on the government's motions for leave to file amended returns, discovery as necessary, and a scheduling conference to set dates for Petitioners' traverses and habeas corpus hearings. 1. On July 2, 2008, Judge Kollar-Kotelly ordered this case to be transferred to Judge

Thomas F. Hogan for purposes of coordination and management "so that these cases can be addressed as expeditiously as possible per the Supreme Court's decision in Boumediene v. Bush, [128 S. Ct. 2229 (2008)]." See Order by Judge Thomas F. Hogan, In re Guantanamo Bay Detainee Litigation, Misc. No. 08-442, Docket No. 1 (July 2, 2008). Since then, the parties have briefed a range of procedural issues and the government has filed motions for leave to file amended factual returns as to each of the four Petitioners in this case. Petitioners have opposed those motions and have timely made all filings required of them. There are no deadlines pending. 2. As set forth in Petitioners' Joint Memorandum of Law Addressing Procedural

Framework Issues, the procedural issues that have been briefed by the parties are not amenable to common resolution. Under the circumstances, the coordination and management of the Guantanamo cases by Judge Hogan has served its purpose, and the case is ripe for proceedings

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before the judge to whom it is assigned to rule on the motions for leave to file amended returns and to set a schedule for filing traverses, discovery as may be necessary, and hearings. Conclusion Accordingly, Petitioners request this Court immediately to transfer their case back to Judge Kollar-Kotelly for further proceedings as set forth above.

September 29, 2008

Respectfully submitted, /s/ David J. Cynamon (D.C. Bar #182477) [e-mail] Matthew J. MacLean (D.C. Bar #479257) [e-mail] PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W. Washington, D.C. 20037 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs-Petitioners

Points and Authorities: LCvR 40.6(a) LCvR 40.5(e)

Certificate of Service I certify that on September 29, 2008, I caused the foregoing to be served on the following attorneys via electronic filing: Brian David Boyle U.S. DEPARTMENT OF JUSTICE 950 Pennsylvania Avenue, NW Room 4633 Washington, DC 20530-0001 (202) 3305-1434 202-514-0238 (fax) [e-mail] Terry Marcus Henry U.S. DEPARTMENT OF JUSTICE CIVIL DIVISION P.O. Box 883 20 Massachusetts Avenue, NW Suite 7144 Washington, DC 20044 [phone] [phone] (fax) [e-mail] Robert D. Okun UNITED STATES ATTORNEY'S OFFICE Judiciary Center Building 555 Fourth Street, NW Room 10-435 Washington, DC 20530 [phone] [phone] (fax) [e-mail] Judry Laeb Subar U.S. DEPARTMENT OF JUSTICE P.O. Box 833 Suite 7342 Washington, DC 20044-0833 [phone] [e-mail]

Andrew I. Warden U.S. DEPARTMENT OF JUSTICE, CIVIL DIVISION, FEDERAL PROGRAMS 20 Massachusetts Avenue, NW Washington, DC 20530 [phone] [phone] (fax) [e-mail]

/s/ Matthew J. MacLean